The IMM57-5 asks applicants to delcare whether any family members will accompany them to Canada. There has been confusion over what “accompany” means that two recent Federal Court of Canada decisions have addressed. In Adepoju v Canada (Citizenship and Immigration), 2022 FC 438, a husband and wife independently submitted study permit applications. In each application … Read More
Arguing Incompetence of Counsel in an Appeal
Many lawyers when they meet with clients often review rejected applications and/or appeals where it is obvious that the individual’s previous representative was incompetent. The examples of incompetence range from missed deadlines to ignorance of the law. Some specific examples include: former counsel being told by an Immigration Appeal Division member to “sit down” because … Read More
Ministerial Relief Exemption Requests
Foreign nationals who are found to be inadmissible to Canada on the basis of security (including espionage, subversion, engaging in terrorism, or being a member of a group that engages in terrorism), certain human and international rights violations, or organised crime can still visit or immigrate to Canada despite being inadmissible for such serious reasons if they … Read More
Responsibility for Missed E-mail Communication
Who bears the risks when e-mail notices are sent by a visa officer but are not received by the applicant’s agent?
Leaving Canada by the end of Authorized Stay
How can temporary foreign workers show that they will leave Canada at the end of their work permit?
The Best Interests of a Child
Yesterday, an individual called wanting to know if the fact that she was pregnant would guarantee a successful H&C application because of the duty to consider the “best interests of the child.” The father is Canadian.
The National Occupational Classification System
Much of Canada’s immigration system is based on Human Resources and Skills Development Canada (“Service Canada’s“) National Occupational Classification (“NOC“) system. Economic class applicants generally need to understand the NOC system because the success of their applications will depend on them demonstrating that they have qualifying experience or pre-arranged employment in certain NOCs. Employers submitting Labour … Read More
Article 1E of the 1951 Refugee Convention
Article 1E of the 1951 Refugee Convention states: This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country. The leading case for interpreting … Read More
Work Permits Under The North American Free Trade Agreement / CUSMA
(the following is largely paraphrased from the IRCC website) The North American Free Trade Agreement (“NAFTA“) is a free trade agreement between Canada, the United States and Mexico. It facilities the temporary entry of individuals, including providing certain Americans and Mexicans with the ability to work in Canada without first requiring Labour Market Impact Assessments … Read More
The Global Talent Stream
On June 12, 2017 Canada’s Department of Employment and Social Development introduced the Global Talent Stream. Companies applying for workers through the Global Talent Stream have access to a streamlined Labour Market Impact Assessment process that provides eligible employers with: priority processing of applications for the Global Talent Stream and a client-focused service for the … Read More